Legal

The Verdict

The Verdict

Last Thursday was a day that will be long remembered.  The jury spoke, and our Republic died.     That is not hyperbole.  Donald Trump was not on trial… the legal system was.     And it lost.       As many of you know, but it bears repeating again, I am not a fan of President Trump.  I think he is a bore,...

You Have the Right to Babble Like an Idiot Blog - Miranda

You Have the Right to Babble Like an Idiot

“If they don’t Mirandize you at the time they arrest you, then the District Attorney can’t file a case.  You win!  Keep the Officer distracted and ask him questions.  They may forget to read you the Miranda warning!”     Oh, for the love of God.     This little gem came off one of those YouTube shorts I saw this...

How to Win Friends and Influence Students

How to Win Friends and Influence Students

  “Unilateralism breeds the arrogance of ignorance… and ignorance breeds bad policy.”     Arthur M. Schlesinger, Jr. penned that phrase in an article in Foreign Affairs back in the late 1980s and it always struck me as having a universal truth attached to it.  He was speaking about a single country engaging in military adventurism without strong allied...

Fear and Loathing in a Bar Blog

Fear and Loathing in a Bar

The other week the LTC texted me in distress.     Washington State has made the decision to eschew the Bar exam as a method of minting and licensing lawyers.     He was apoplectic.     I was considerably more prosaic.     We have had this debate before.     So.  Let me begin with my underlying philosophy, as well as his.  Then we will discuss the “state”...

PAGA(Private Attorneys General Act) Blog

PAGA

One of the most infuriating aspects of Constitutional Law is the need to remain philosophically consistent, even when… especially when… outcomes on specific cases seem to produce unjust results.     A number of years ago a plaintiff sued the BATFE.  It had classified him as a prohibited person (erroneously) and he wanted it to correct its records...

A Quixotic Endeavor Blog CCW

A Quixotic Endeavor

Hear me now, oh, thou bleak and unbearable world   Thou art base and debauched as can be   And a knight with his banners all bravely unfurled   Now hurls down his gauntlet to thee!   I am I, Don Quixote   The Lord of La Mancha   My destiny calls and I go   And the wild winds of fortune   Shall carry me onward   Oh, whithersoever they blow   Whithersoever they...

Cain Abel & the Vote Blog

Cain, Abel, and the Vote

Why did Cain kill Abel?     Seriously… what was the real motivation?  Jealousy?  That seems like a spectacularly one-dimensional excuse frankly.  I think it was hate, pure unadulterated hate.  Ironically, it was not hate directed at Abel.  (That probably was, in fact, mere jealousy).  No… I think it was hate directed at God.     Cain killed to force God...

'Tis a Far, Far Better Thing

‘Tis a Far, Far Better Thing

I could hear him from across the bar.     He was overweight, obnoxious, and should have known better.  Curly hair, or what was left of his curly hair, hung precariously off the back of his head and covered the back of his grey blazer.  Under that fabric drape a Hawaiian shirt exploded in yellow color.  His partially...

2A Does Not Apply

2A Does Not Apply

“Counselor, you make the argument that the Second Amendment applies here, but does it?  The Second Amendment only applies to law-abiding citizens.  You have offered me no proof that your client is a law-abiding citizen.”     “Excuse me, your Honor?”     “You claim your client resides in Idaho, but you have offered no proof of that.  You claim your...

Aloha e komo mai... Moron Hawaii

Aloha e komo mai… Moron

So… a bit of a review up to this point…     First, Congress is empowered to make laws. (At the state level, this job is given to state legislatures.) This is painfully obvious to anyone who has even the most basic of education on American Civics.  But there is a point to it that needs to be...